Supreme Court decision reshapes civil rights and federal power
Justice Department correspondent Aisha Bagchi dissects three major Supreme Court decisions.
The U.S. Supreme Court on June 30 upheld a Trump administration directive allowing states to ban transgender women and girls from participating in women’s sports.
While no ban exists at the federal level, at least half of the states in the U.S. already prohibit transgender students from participating in sports based on their gender identity, a USA TODAY review of state laws and policy documents found.
Below is a state-by-state breakdown of laws upheld by Supreme Court decisions.
Alabama
Alabama has two laws. HB261, first introduced in 2023, would prohibit individuals at two- or four-year public institutions from participating in sports teams that differ from their gender assigned at birth, among other things. HB391 was subsequently announced in February, imposing a similar ban on public kindergartens up to age 12.th grade institution.
alaska
Effective November 11, 2023, the State of Alaska amended the regulations governing the State Department of Education and Early Development. The nonprofit organization is required to limit participation on girls’ high school track and field teams to those assigned female at birth.
arizona
Introduced in 2022, Arizona’s SB 1165 requires public and private schools that compete against public schools in intramural and interscholastic sports to identify players on their teams according to three strictly defined categories: “male,” “male,” or “male.” “woman”, “female”, or “girl”. “Coeducational” or “mixed.”
arkansas
HB1570/SB354 was introduced in the Arkansas State Legislature in 2021. Together, they prohibit complaints, investigations and “other adverse action” against public authorities that prohibit transgender individuals from competing on teams that do not match their assigned sex at birth.
florida
In 2021, the Florida Legislature amended several laws regarding transgender students and school sports. This included mandating that certain athletic teams and sports be based on the gender a student was assigned at birth. Allowing female students to participate in sports designed for male students. Ban male students from playing on women’s sports teams.
georgia
Georgia’s SB1 goes into effect on July 1, 2025, and allows for “certain designations of teams” at the middle school, high school, and college levels to participate in public education sports. Specifically, men are prohibited from joining women’s teams and vice versa.
idaho
The language of Idaho’s HB500, introduced in 2020, closely mirrors the language used in Arizona’s SB1165, introduced two years later. The regulations require public and private schools that compete against public schools in interscholastic or interscholastic sports to identify the players on their teams according to three strictly defined categories: “male,” “male,” or “male.” “woman”, “female”, or “girl”. “Coeducational” or “mixed.”
Indiana
Indiana’s HB1041 was actually vetoed in 2022 after Republican Gov. Eric Holcomb determined the bill addressed a problem he didn’t think existed. However, this veto was ultimately overridden by both the House and Senate. Since then, interscholastic sporting events are required to designate teams based on biological and reproductive sex and include only athletes.
iowa
In March 2022, Iowa Governor Kim Reynolds approved House File 2416, which also adopts the same language as Idaho, Arizona, and Indiana. Essentially, accrediting agencies or public agencies within a state must identify teams and team players according to three strictly defined categories: “male,” “male,” or “juvenile.” “woman”, “female”, or “girl”. “Coeducational” or “mixed.”
Kansas
Kansas’ HB2238 was vetoed by Democratic Gov. Laura Kelly when it passed the state Legislature in 2023. However, as in Indiana, that veto was overridden by the Senate. HB2238 specifically targets transgender women and girls, as sorority athletic teams can only have biologically female members.
kentucky
In 2022, Kentucky used SB83 to amend its previous law, paving the way for a strict ban on transgender women and girls from participating in girls’ sports teams from middle school through high school. Democratic Gov. Andy Beshear tried unsuccessfully to veto the law, which would have barred charges and investigations.
louisiana
Louisiana’s SB44, enacted in 2022, is just one of many bills on this list called the Women’s Sports Fairness Act. As its name suggests, it specifically prohibits transgender women and girls from participating in women’s sports teams. It would also give educational institutions immunity if they face potential investigation or lawsuits if they deny a transgender person’s request to compete on a team that aligns with their gender identity.
mississippi
Mississippi’s SB2536 went into effect on July 1, 2021. It uses the same language seen in other states. A certifying agency or public agency within a state must identify teams and team players according to three strictly defined categories. i.e. “man”, “male”, or “boy”. “woman”, “female”, or “girl”. “Coeducational” or “mixed.”
missouri
Missouri’s SB39 defines gender as “male” or “female” and that definition is attributed to students based on their birth certificate or other government document. Therefore, students cannot participate in sports teams that are “opposite” to their biological sex. However, an exception is made for female students who wish to play a male sport but do not have a sport of their own. Think about it, there is no women’s soccer league. The law was adopted in 2023 and expires in 2027.
montana
HB112, which went into effect on July 1, 2021, prohibits public schools and universities from allowing male athletes to compete on women’s sports teams and allows students, schools, and organizations to sue if they violate the law. Meanwhile, HB300, which will be introduced in 2025, would specifically amend the language of the law banning men from participating in women’s sports and require educational institutions to provide restrooms, locker rooms, shower areas, and sleeping areas that are “not accessible to members of the opposite sex while in use.”
nebraska
The Stand With Women Act, also known as LB89, is patterned after other bills filed before it and requires Nebraska certifying agencies or public agencies to identify teams and team players according to three strictly defined categories: “male,” “male,” or “juvenile.” “woman”, “female”, or “girl”. “Coeducational” or “mixed.” It also requires changing rooms and toilets to be separate for men and women. The law is one of the newer on the list, having been approved by Gov. Jim Pillen about a year ago.
new hampshire
The Granite State also introduced the Women’s Sports Fairness Act (HB1205) during the 2024 legislative session, bringing its language in line with states such as Idaho, Iowa, Florida, Arkansas, and Louisiana.
north carolina
HB574, introduced during the 2023-2024 legislative session, is also the standard women’s sports equity bill. Democrat Roy Cooper was one of the governors who vetoed the bill, but it was defeated in both houses of Congress.
north dakota
North Dakota introduced two bills in 2023, HB1489 and HB1249. Both employ language that strictly defines teams and players according to “men,” “men,” or “boys.” “woman”, “female”, or “girl”. “Coeducational” or “mixed.” Additionally, investigations or adverse actions conducted against educational institutions on behalf of government agencies, interscholastic sports organizations, or other entities are prohibited.
ohio
Ohio’s HB68 is actually a step ahead of its contemporaries. The law, known as the Ohio Saving Youth from Experimentation (SAFE) Act, not only bans people assigned male at birth from participating in women’s sports, but also bans gender-affirming care in the state. It was passed in April 2024 despite opposition from Republican Gov. Mike DeWine. A lawsuit challenging the SAFE Act is currently pending in the Ohio Supreme Court.
oklahoma
SB2 spanned the 2021-2022 legislative session. See: North Dakota, Arizona, Nebraska, Iowa, Idaho, etc.
south carolina
In 2022, South Carolina passed H4608. It is the “Law to Protect Women’s Sports Act.” See Oklahoma State.
south dakota
SB46 of 2022 also falls under the Fairness Protection in Women’s Sports Act. The language is virtually indistinguishable from the languages outlined above.
tennessee
Tennessee passed SB228 in 2021. Similarly, it requires student participation in sports to follow the gender listed on their birth certificate, but only applies to students in grades 5-12. The following year, SB2153 was passed, banning men from participating in women’s sports at the collegiate level. However, there are no restrictions for students who wish to participate in designated sports as “male,” “male,” “male,” “coed,” or “mixed.”
texas
There are two laws in place in the Lone Star State. HB25 passed the House in 2021 and was the predecessor to SB39 in Missouri. This provision defines gender as “male” or “female,” and that definition is ascribed to students based on their birth certificate or other government document. Therefore, students cannot participate in sports teams that are “opposite” to their biological sex. However, an exception is made for female students who wish to play a male sport but do not have a sport of their own. Think again, there is no women’s soccer league. SB15, passed in 2023, is the same, but applies to intercollegiate athletic teams.
Utah
At this point, I think you know the drill. Utah’s HB11 bill passed the state legislature in 2022. The bill imposes limits on women’s participation in sports by requiring schools and local educational institutions to designate athletic activities by gender. Prohibiting male students from playing against other schools on teams designated for female students. No Complaints or Investigations.
virginia
In 2023, Virginia amended the Department of Education’s model policy to include an athletics provision that states, “For athletic programs and activities that are segregated by gender, appropriate student participation shall be determined by gender and not by sex or gender identity.”
west virginia
West Virginia passed HB3923 in 2021. This is a textbook piece on fairness protections in women’s sports law.
wyoming
In SF133, the language is broadly similar to the other laws outlined above, with some fairly important exceptions. Students who have undergone or are undergoing gender transition procedures may apply for eligibility to play on a team that does not match their assigned gender at birth.
Drew Pittock covers trending news from around the country for USA TODAY. He can be reached at DPittock@usatodayco.com.
